Bynum Citations in Surry County, Virginia

20 Jan 1662/3     Deed:  Dorothy Meddow, the widow of Henry Meddow,  to John Bineham[?], 100a part of a dividend [patent] lately in the possession of Major Robert Sheppard and by him given to Henery Meddow decd my late husband.  Consideration not given, nor is the land described.  [Surry Deeds & Wills 1, p204-5.] 

This name appears to be “Bineham” in one place and “Bingham” in another.  It’s not clear if this is our John Bynum or not, but there are two factors that suggest it may have been:  First, there are no references to anyone with a similar name in preceding or later records;  Second, the proximity of the land to that purchased later that year (see two entries immediately below).  On the other hand, there seems to be no subsequent deed selling this land.  Henry Meddow(s) had been given the land by Robert Shepard in August 1653, when he described it as “a certain neck of land where [Meddows] now lives… extendinge northerlye from his now plantation…”  That would place it within a mile or two of the George Blow patent below.  This deed must have been a confirmation of an unrecorded agreement while Henry Meddows was still alive, for a widow did not own her husband’s land and couldn’t sell it.  Unfortunately there is no record of Meddow’s death.

3 Aug 1663         Land Patent:  George Blow, 600a in Surry County, for transportation of 12 persons.     “…a marked maple on the southernmost side of the bridge swamp night unto the bridge that leads to Major Robert Sheppards plantation…running over the said bridge swamp.”  [The metes and bounds are sufficient to plot the parcel]  [Virginia Patent Book 5, p370]

5/6 Dec 1663      Deed:  George Blow and wife Margery, of the upper [Southwarke] parish, to John Bynam, consideration not noted, all land “on the southwest side of a branch of the Black Water Swamp the sd peece containinge all the land that is on that side of the fore sd swamp belonging to the sd Blow” and being  part of a patent of 600a. “as expressed in the patten to the sd. George Blow.”   Signed: George Blow, Margary (x)Blow.  Witness: Richard (x) Smith, Wm. Marriott, Peleg Dunston. [Surry County Deed Book 1, p232]  Acknowledged by the Blows in court 2 March 1663/4.

The date of this deed appears to read “1653” but that is surely a mistake made by the clerk in copying the deed into the deed book, since the patent to Blow was not issued until 1663 and this deed not recorded until 1664.  George Blow’s patent spanned what is now called Mill Creek, in the fork where Mill Creek and Green Creek meet. Bynum’s land is the part of Blow’s patent that is south of the creek.  None of the later deeds for this tract give its acreage, but it appears to be roughly 200 acres from a plot of the patent.

7 May 1664        Deed:  George Blow and wife Margritt to Rowland Hudson & William Hancock, unspecified acreage  “on the east or southeast side of Black water swamp beginning right att the joining of Joh. Benoms marked trees & bound southerly or west southerly on the maine swamp where the bridge is belong to Mr. Tho. Warrens carte path & northerdly or northeast on the side of the swamp called the bay tree swamp…  Signed:  George Blow, Margritt (x) Blow.  Witness: Jane (x) Halle [?] George Carter.  Acknowledged by George and Margritt Blow on 1 November 1664.  [Surry County Deed Book 1, p246]

George Blow is selling another part of the 600a. patent.  Later deeds identify the acreages as 150a.

June 1668           Surry tithables:  Lawnes Creek parish
John Bineham – 1

This is the first surviving tithables list for Surry.  There are only 218 tithables in the entire county, a third of them in Lawnes Creek parish.  [At this time, a tithables was any white male aged 16 or more, white male servants under 16 who had been imported into the colony, black males over 16 who had been imported, black or Indian females above 16, and white female servants over 16 who were employed as field workers.]  Lawnes Creek was a very small parish, encompassing a sliver of eastern Surry and a sliver of western Isle of Wight.  The other parish in Surry, Southwarke, was many times bigger but had only twice the population of Lawnes Creek.

June 1669           Surry tithables, Lawnes Creek parish
John Binam - 1

June 1670           Surry tithables:  Lawnes Creek parish
John Bineham - 1

23 Mar 1671/2    Wm. Townsend appoints friend Wm. Seward his attorney to sue John Benham [?].  Witness:  John White, Mathew[?] Maynes.  [Surry Deed Book 1, p103.]

June 1673           Surry tithables:  Lawnes Creek parish, list of Lawrence Baker
Jno. Binham - 1

June 1674           Surry tithables:  Lawnes Creek parish, list of Charles Barham (only 26 households)
Mr. Jno. Binam – 2

The second tithable is a mystery.  Perhaps John Johnson, who was apparently his tithable the following year.

In all of these tithables lists 1668-74, John Bynum is consecutive with Richard Smith.  Persons provided their own names to the list-maker, so this implies that Bynum and Smith were visiting the list maker on the same day.  Richard Smith had married the widow of George Blow and, if he was living on Blow’s land, was a neighbor.  But perhaps there was some other relationship between the two men.  We do know that Smith later married the widow of John Twyford (see below) about 1678.

June 1675           Surry tithables, Lawnes Creek Parish, list of Charles Barham (25 households)
Jno. Bynam & Johnson – 2 

This reads “Johnson”, not “John, son”.   This person was evidently John Johnson, who appears by himself in later tithables for this precinct.

June 1677           Surry tithables:  Lawnes Creek Parish, list of Samuel Swann
Jno. Bynham – 1

June 1678           Surry tithables:  Lawnes Creek Parish, list of John Goring
Jno. Binnom – 1

June 1679           Surry tithables:  Lawnes Creek Parish, list of Arthur Allen
Jno. Bynham – 1

7 Nov 1678        Jno. Byneham one of several residents presented for not going to church as the law required, and not appearing at the last court to answer, appears at this court and “making it appeare he did frequently goe to Church before his sickness and that at the last Cort he was desperately sick, he is therefore discharges the presentments.”  [Surry County Orders 1671-1691, p232]

4 Mar 1678/9      Inventory of John Twyford’s estate mentions “a small neck of land” leased to John Byneham.  [Surry County Deed Book 2, p199]

This is an interesting connection.  Richard Smith Sr., who had earlier married the widow of George Blow, had by now married yet again to the widow of John Twyford.  The inventory of Twyford’s estate in which this lease is mentioned was presented to the court by “Rich. Smith and Mary his wife”. 

29 Sep 1679       Deed:  John Bynam to Richard Jordan Sr., 4000lb tobacco, land on the southwest side of a branch of the Blackwater Swamp… which Jno. Bynam formerly bought of George Blow.  Signed Jno (x) Bynam, Rosamond (x) Bynam.  [Surry County Deed Book 2, p297.] Witness: Richard Jordan Jr., Richard Lane, Richard (x) Blow.  Both John Bynum and “Rose his wife” acknowledged in court on 6 January 1679/80.  [Surry County Orders 1671-1691, p232]

John and Rosamond Bynam both signed with distinctive marks.  John’s mark is similar to a sideways Latinate “J” .  Rosamond Bynum signs with a Latin “RP”.  Is this perhaps a clue to her maiden name?  The only other occurrence of her mark, two years later in 1681, is just the reverse – she signed as “PR”.

Richard Jordan Jr. would inherit this land and in 1688 would sell it to Robert Caufield.  Not a single one of these deeds gives the acreage, from which we can safely conclude that no survey was ever made. 

May 1680           Surry tithables:  Lawnes Creek Parish, list of Arthur Allen
Jno. Binham – 1

6 Jul 1680           Deed:  John Smith and wife Mary Smith of Lawnes Creek Parish to Thomas Barrow, 150a on Green Swamp, formerly belonging to William & Judah Lyles… borders land of Francis Mason and land of John Bynam.  Witness: Nich. Smith, Wm. Seward [Surry County Deed Book 2, p259]

Thomas Barrow died in late 1683 or early 1684 and his widow married George Blow Jr.  The land being sold is the parcel George Blow had sold to Rowland Hudson and William Hancock.  Hancock sold his interest to Hudson.  When Hudson died, his only child, Judah, and her husband William Lyle sold the land to John Smith.

23 Apr 1681       Land Patent:  John Byneham of Surry County, 215a in the lower [Lawnes Creek] parish of Surrey County for transportation of five persons… beginning at corner tree of Richard Jordan Jr. thence along his line… a gum in the Mill branch, thence down the same… an ash near Mr. Warren’s line thence along Warren’s line…  [Virginia Patent Book 7, p68]

This is on an unnamed creek just south of the land bought from George Blow in 1663, which John Bynum had just sold.  On a modern map, it is just below the present-day village of Runnymede. 

June 1681           Surry tithables:  Lawnes Creek Parish, list of Robert Ruffin “within the precincts of Lower Chipoakes & ye Blackwater…Blackwater precinct”
Jno. Byneham Senr. & Junr. – 1

John Bynum Jr. must have reached the age of 16 between June 1680 and June 1681, thus born 1664/5.  (Men were tithable if they had reached 16 by June 9^th of the tithable year.)

1 Oct 1681         Deed: John Byneham and wife Rosamond Byneham to William Webb of Isle of Wight County, 100a. on the west side of the branch sd. Byneham now lives on, part of his patent of 23 April 1681.  Signed Jno: (x) Byneham, Rosamond (x) Byneham.  Witness: Robert Ruffin, Samuel Thompson.  [Surry County Deed Book 2, p?]  Acknowledged in court on 1 November 1681 by Jno. Byneham and his wife Rosemond Byneham.

John Bynum used the same mark as in the 1679 sale, but Rosamond this time used a Latin “RB” as her mark.

The abstracted version of this deed says it is for 205 acres, but it actually reads as 100 acres out of a patent for 205a.  William Webb would retain this land and will it to his son Richard Webb. 

20 Apr 1682       Land Patent:  Thomas Waller, 420a. on the Blackwater branches in the lower [Lawnes Creek] parish… Allen Warrens corner tree… Robert Caufield’s lines… John Binham’s corner and lines.  (Plotted, this adjoins John Bynum’s 1681 patent to the west.) [Virginia Patent Book 7, p133]

Waller would sell this patent to Robert Lane a few months later.

20 Apr 1682       Same date, Land Patent: John Mcloode, 270a. on the west side of the third branch of the Blackwater… corner tree of John Binham and Richard Jordan Junr… on Binham’s line… (Plotted, this adjoins John Bynum’s patent to the northwest.)  [Virginia Patent Book 7, p133]

Mcloode would sell this patent to William Cockerham. 

June 1682           Surry tithables:  Lawnes Creek Parish, list of Robert Ruffin “within the precincts of Lower Chipoakes & Blkwater”
Jno. Byneham Senr. & Junr. – 2
Merko Machina & Ja: Bineham – 2

John Bynum Jr. had reached the age of 16 sometime in the latter part of 1680 or the early part of 1681, and thus was born in 1664 or 1665.  His brother James Bynum must have been a year younger, not reaching 16 until late 1681 or early 1682.  The tithables a few years later bear this out.  Both are heads of household for the first time in 1688. 

”Merco Machina” appears in nearly all the tithables lists, with the name spelled in an truly imaginative variety of ways.  Best guess is that he was “Marco McKinnie”.  He appears to be the father of Barnaby McKinnie, who figures in the chronologies of several other families on this website.  James Bynum may have been apprenticed to him.

6 Mar 1682         List of debts due the estate of George Proctor:  John Bayneham.  [Surry County Deed Book 3, p326] 

3 Oct 1682         Deed:  Thomas Waller to Richard Lane, the patent dated earlier in 1682, adjoining John Bynum on the east side of Waller’s patent.

June 1683           Surry tithables:  Lawnes Creek Parish, list of Robert Ruffin for “Blackwater precinct”
John Byneham Senr. & Junr. – 2
Merco Mackina &  Ja. Byneham – 2
 

June 1684           Surry tithables:  Lawnes Creek Parish, list of Arthur Allen
Rich. Jordan Junr., Jno. Binham Junr. – 2
Geo. Morrell, Jas. Binham – 2
Jno. Binham – 1

George Morrell was a Quaker according to the 1687 militia list, the first evidence that some of the Bynums may have had some association with Quakers.  The appearance of both Bynum brothers on the same militia list indicates that they were not themselves Quakers.

2 Oct 1684         Deed: John Byneham and wife Rosamond Byneham to William Webb of Isle of Wight County, acreage not clear, part of his patent of 23 April 1681.  Signed Jno: (x) Byneham, Rosamond (x) Byneham.  Witness: Thomas Taber, Silvestera? Hill.  [Surry County Deed Book 3, p9]  Acknowledged in court on 4 November 1684 by Jno. Byneham and his wife Rosamond Byneham.

This is apparently a sale of the second half of the 1681 patent, since part of it has already been sold to William Webb three years earlier.  However, it is possible that this is a very delayed lease and release and the sale is actually the same land as in the 1681 deed.  John Bynum Sr. does appear to still be living on or near this land several years later. 

June 1685           Surry tithables:  Southwarke Parish, list of Samuel Swann 
Rich: Blow, Jno. Binham - 2
Geo: Blow, Ja: Bineham - 2
 
Lawnes Creek Parish, list of Robert Caufield
Jno. Bynham – 1 

The two sons, now in their late teens, have apparently moved northwest just over the parish boundary.  They are apparently living on Richard Blow’s patent on Pigeon Creek.  As noted elsewhere, it is possible that Richard Blow has married their sister.

6 Sep 1686         John (x) Binham Jr. witness to deed between Ralph Hill and John Skelton [See 1 March 1686/7 entry]

18 Jan 1686/7     Deed:  George Blow and wife Elizabeth Blow, of Southwarke parish, to Jno: Byneham [Junr.], consideration not given, 100a. in the parish aforesaid “which my brother Richard Blow died seized of and lyeth on the out ___ of the land whereon I now live”  Signed George (x) Blow.  Witness: Geo. Williams, Jno. (x) Clarke.  Relinquishment of dower by Elizabeth Blow, wife of George Blow.  [Surry County Deed Book 3, p80]   The court record states that George Blow and wife Elizabeth Blow acknowledge deed to Jno. Bynem Junr. on 1 March 1686/7.  [Surry County Orders 1671-1691, p557]

This land is on Pigeon Swamp[now called Pigeonroost Swamp], about five miles northwest of John Bynum Sr.’s land.  A year later, on 3 March 1687/8, George Blow “the only brother and heir of Richard Blow deceased”  sold an additional 120 acres of this same tract to William Newsome [Ibid., p32].  He described it as the land his brother Richard Blow owned at his death except for the parcel of 50 (sic) acres he had already sold to “John Bynham Junr.”  The land was the patent to Richard Blow of 20 April 1684 for 210a on the southeast side of Pigeon Swamp,  The patent described the entire parcel as lying “on Pigeon Swamp about halfe a mile above Mr. Merriwethers land… gum in a branch that divides sd Blowes land from Richard Smith… branch dividing Blow from Richard Smith… a corner tree twixt sd Blow and Nicholas Sissums… down Pidgeon Swamp.”  [Virginia Patent Book 7, p372]  William Newsum sold his piece in 1690 to William Goodman [Book 4, p193] but I did not track it further.

1 Mar 1686/7      Hannah, wife of Ralph Hill, appoints Geo. Blow her attorney to acknowledge sale of land to John Skelton. Witness: Jno (x) Binham, Eliz. (x) Blow. [Surry Deed Book 3, p81]  The deed she was acknowledging is dated 6 July 1686, and was also witnessed by the same John Binham. [Surry County Deed Book 3, p63]

This is John Bynum Junior witnessing both the deed and the power of attorney.  He used a different mark than his father, a Latin “JB”.  This makes sense, for the Hills were neighbors on Pigeon Creek, several miles away from John Bynum Sr.  Elizabeth Blow is apparently George Blow’s wife, using a strange mark.  Since John Bynum the father and son lived in different parishes, they are not always distinguished as “Senior” and “Junior”.

1 Mar 1686/7      Debts due the estate of Thomas Jordan deceased, presented by Wm. Browne and Jas. Jordan, administrators: list of over 200 debtors includes: Geo. Blow, Luke Mizell, Rich. Lane, Jno. Binam [32 lbs tobacco], Law. Mizell, Thos Lane, Rich. Lane, Rich. Blow, Rich. Jordan Jr., Jno Sugars…[Surry Deed Book 3, p76?  and Surry Orders 1671-1691, p576.]

Thomas Jordan operated a tavern near the courthouse.  Most of these debts are probably tabs run up at the tavern.

June 1686           Surry tithables: Southwarke Parish, list of Samuel Swann 
 Rich: Blow, Jno. Byneham - 2

Lawnes Creek parish, list of Robert Ruffin:
Cha: Savadge, Ja: Bynum -  2
Jno. Bynom Senr. – 1

James Bynum is now back in Lawnes Creek parish for this one year, after which he returns to Southwarke.

3 May 1687        Jno: Bynom by his petition setting forth that he is seaventy yrs of age and thereby soe disabled that he is hardly able to keepe himself from being a parish charge and therefore humbly prayed that he might be exempted from paying levies, beareing of armes, and cleareing of high waies, and it appearing that he is very aged & poore,  he is exempted for the future… [Surry Orders 1671-1691, p564]

After this, John Bynum Sr. is exempted from the county tithe.  Being “a parish charge” refers to the parish’s role of supporting the poor and disabled.  I don’t know how much stock to put in the precise age – he may have overstated or approximated it.  Note that if we believe this age, he was nearing 50 when his sons were born.  That suggests that we leave open the possibility that he married a widow. 

3 May 1687        Same court:  The nuncupative will of Alice Jordan proved by the oaths of Rose Bynom and William Barton.  Charles Savage granted administration. [Surry Orders 1671-1691, p565]

Alice Jordan was the widow of Richard Jordan Sr., whose son Richard Jordan Jr. was granted administration of his father’s estate on the same court date.  Alice Jordan was a second wife and evidently had separated from her husband.

3 May 1687        Same court: The will of Richard Lane proved by Timothy Walker and Charles Savadge, and “ther being no executor named in the said will a commission of administration is granted Eliz. the relict of the said decd. and Jno. Bynom Senr. entering himself security for the said Elizabeth’s due performance thereof he is accepted and ordered that bond be given accordingly.”  [Surry Orders 1671-1691, p570]

Richard Lane’s will left his estate to his wife during her widowhood, and at her remarriage to two unnamed sons.  This is the same Richard Lane who witnessed the Bynum-Jordan deed in 1679.  The widow may be the same Eliza Lane fined in 1690 for having two mulatto bastard children.  

June 1687           Surry tithables:  Southwarke Parish, list of Samuel Swann  (consecutive)
Richd. Smith, James Bynham – 2
Geo. Blow, Jno. Bynham – 2

Lawnes Creek parish, list of Robert Ruffin
Jno. Bynham Senr. p[er] Tho: Watson – 1  [name added “per Thomas Watson”]

19 Dec 1687       A list of militia presented to the court contains:  Ja : Byneham, Jno: Byneham  [Surry County Orders 1671-1691, p598] 

This list was revised a few weeks later at the instruction of the Governor to include only freeholders and housekeepers, and to remove those who were merely freemen not maintaining a separate household. This reduced the list of militia from 314 to 200, but both Bynums remained on the list [Ibid., p621]   This militia list is repeated in Virginia Colonial Militia, 1651-1776.

3 Jan 1687/8       “Joseph Wall being returned arrested to this court at the suit of Jno. Byneham & being called to come for the & answere the same but makeing noe appeareance” judgment granted to John Bynum for 400 lbs tobacco.  [Surry County Orders 1671-1691, p612]  Two days later, the sheriff was ordered to attach Wall’s estate.  The matter reached a trial two months later [see below].

3 Mar 1687/8      George Blow of Southwarke parish, only brother and heir of Richard Blow deceased late of the parish aforesaid, together with Elizabeth my wife, to William. Newsom of Lawnes Creek parish, for 1,000 lbs of tobacco, 120a. on Pidgeon Swamp adjoining the land given to George Blow by Richard Blow, being “that tract or dividend of land of which my sd deced brother Richd: Blow died seized of except one parcel thereof by me already …demised to John Bynham Junr. conteyning by compilation 50a.  Signed:  George (x) Blow, Elizabeth (x) Blow.  Elizabeth (x) Blow, relict of Richard Blow deceased releases her dower interest in the land.  [Surry County Deed Book 4, p32-3]   Acknowledged on 6 Mar 1687/8. [Surry County Orders 1671-1691, p626]

George Blow has inherited the land of his brother Richard Blow, meaning that Richard Blow died without children to inherit.  [A wife could not inherit land, only a lifetime interest in it.] After Robert Grice married Elizabeth, the widow of Richard Blow, he would sue George Blow over his wife’s dower right in Richard Blow’s land.  Notice that he now describes the part sold to John Bynum Jr. as only 50a.

6 Mar 1687/8      Jno. Byneham Senr. vs. Joseph Wall goes to a jury.  He accused Joseph Wall of killing a yearling or young beast of his, to the damage of 400 lbs tobacco.  Wall plead not guilty,  A jury found in favor of Byneham and awarded him 300 lbs tobacco in compensation .  [Surry County Orders 1671-1691, p633]

Joseph Wall had bought land in 1671 from Phillip Hunnsford [Hainsford] who had a patent adjoining the John Bynum Sr. patent of 1681.  John Bynum Sr. has either not sold his entire patent to William Webb (see above) or he is renting land nearby.

June 1688           Surry tithables:  Southwarke Parish, list of Robert Randall
Jno. Bineham Junr. – 1

Blackwater precinct of Lawnes Creek parish, list of Henry Tooker
James Bynham – 1
Jno. Bynham Senr. only p’ish, Tho: Watson, Jno. Johnson – 3
 

4 May 1689        Grand Jury includes Jno. Byneham.  [Surry County Orders 1671-1691, p748]

This was for Southwarke parish, so it is probably John Bynum Jr.

June 1689           Surry tithables:  Southwarke Parish, list of Samuel Swann
John Bynham & Rob Grice  – 2
James Byneham – 1

Note that Robert Grice either has already, or will shortly, marry the widow of Richard Blow, making him perhaps John Bynum’s brother-in-law.  John Bynum Sr. isn’t listed this year, probably because the list-taker failed to list him as a parish tithe only. This is the first appearance of Robert Grice in the Surry records.
 

6 Nov 1688        Deed:  Richard Jordan [Jr.] and Elizabeth his wife, of the upper [Southwarke] parish, to Robert Caufield, 4300 lbs tobacco, part of 600a formerly granted to George Blow deceased, who sold it to John Bynham, who in turn sold it to my father Richard Jordan on 8 November 1679, being all the land held on said branch.  Witness:  William Pittman, Thomas Waller, James Killpatrick.  [Surry Deed Book 4, p107]

June 1690           Surry tithables:  Southwarke Parish, list of Samuel Swann
Jno. Bynam Junr. – 1
Ja: Bynam – 1   
Jno. Bynam – 1  [Included among four names at end of list, all “to the p’ish”]

John Bynum Sr. has apparently moved to Southwarke and is likely living with one of his sons (or perhaps a son-in-law).  His tithable is added “to the parish” at the end of Samuel Swann’s list.

5 Jan 1690/1       Deed:  Luke Meazell and Eliza his wife of Southwarke parish, cooper, to James Bynham, planter, 1100 lbs tobacco, 150 acres on the main Blackwater Swamp up Wm. Rogers spring branch, adjacent Jno. Watkins, Mr. Warren, Lawrence Meazell.   Part of the land patented by Mr. Warren and sold to the sd Luke Mizell.  Signed:  Luke Meazle, Eliza (x) Meazle.  Witness: Tho: Warren, Rob: Warren.  Acknowledged by Luke and Eliza Mizell on 6 January 1690/1. [Surry Deed Book 4, p173.]

This is an interesting deed.  Luke Mizell Jr. had bought this land on the same day, and immediately sold parts of it to James Bynum and Lawrence Mizell.  This is one of four land sales by Luke Mizell all dated the same day.

June 1691           Surry tithables:  Southwarke Parish, Gray’s Creeke precinct by Thomas Swann
James Bynham – 1
John Bynham – 1

John Bynum Sr. is not added to the parish tithables this year.  He was likely already dead.

7 July 1691         At a court held for Southwarke parish, “commission of administration granted unto Jno. Byneham on the estate of Jno Byneham deced, giving security according to law.”  [Surry Orders 1691-1713, p2.]   Security by John Thompson [Ibid., p4].  Thomas Warren, George Williams, and Thomas Waller, or any two of them, ordered to appraise the estate of Jno Byneham deced, and Jno Byneham is ordered to produce the inventory at the next court. [Ibid., p4]

Since John Bynum Sr. apparently died intestate, his land would have passed directly to John Bynum Jr. outside this probate process.  However, it doesn’t appear that he owned any land at his death.

1 Sept 1691        Jno. Byneham, administrator of Jno. Byneham deceased “came into cort [at Southwarke] and declared that the appraysement of the said deceds estate was burnt the last night in his house which by some accident with all that he had in it was burnt.”  The court ordered that he obtain a replacement appraisal from the appraisers and produce it at the next court.  [Surry Orders 1691-1713, p10.]  

7 Nov 1691        Jno: Byneham was ordered to present “the inventory of his deced father’s estate to the next court… the same not yet being perfect.”  [Ibid., p16]

17 May 1692      Jno: Byneham presented the inventory of Jno: Byneham, deceased.  [Surry Orders 1691-1713, p38; Inventory at Surry County Deed Book 4, p268-9.]

                                   
This estate was quite small.  It’s not clear who Robert Hawthorn was. 

June 1692           Surry tithables:  middle precinct of Southwarke Parish:
James Byneham – 1
John Byneham – 1
 

June 1693           Surry tithables:  middle precinct of Southwarke Parish, by Francis Clements:
Ja: Byneham – 1
Jno: Byneham – 1

14 Jul 1693         The nuncupative [oral] will of Luke Meazle proved in court by the oaths of Thomas Smith, John Greene, and Elizabeth Binum.  “I give unto my daughter Eliza my land after the decease of my wife and one red pied heifer.  I give unto my daughter Sarah one red cow and one black heifer with a star in her forehead.  If either of these dye without issue [then] her estate return to the other.  And all the rest of my estate I leave to my wife when my debts are satisfied.”  Proved by oaths of the witnesses: Thomas Smith, John Green, Eliza Binam.  Administration granted to the widow Elizabeth Meazle.  [Surry Orders 1691-1713, p76; Surry Deed Book 4, p308.]

This is evidently the wife of James Bynum, the first time she is mentioned.  James Bynum was now living next door to Luke Mizell on the land he bought in 1691, which accounts for Elizabeth Bynum witnessing the will.  Note that a witness to a will could not have any interest in the estate, thus Elizabeth Bynum is a different person than the much younger Elizabeth Mizell mentioned in the will.

5 Sep 1693         Mr. James Byneham sworn to grand jury for the ensuing year.  [Surry Orders 1691-1713, p84]

2 Jan 1693/4       Sheriff ordered to summon Robt. Hill and Eliza his wife to produce an inventory of Luke Mezle decd at the next court. [Surry Orders 1691-1713, p96.]

Elizabeth Mizell was ordered in September to produce an inventory at the November court.  She failed to do so and was summoned to produce it in January.  She evidently married Robert Hill in November or December  and, having again failed to produce the inventory, was issued a summons.

1 May 1694        James Byneham, Thomas Smith, Edward Newby and James Rogers ordered to appraise the estate of Luke Mizle deceased.  Robt. Hill and Elizabeth his wife, she the administrator, ordered to produce same at the next court.  [Surry County Orders 1691-1713, p101] 

Robert and Elizabeth Hill had presented the inventory this date, but did not actually give oaths until several months later.  Hill finally acknowledged  the inventory on 4 September. His wife Elizabeth appeared in court to make her oath on 6 September.

All four appraisers were adjoining landowners.  The appraisers of an estate were (at least in theory) were not supposed to be relatives, so this is a strong indication that James Bynum was not Luke Mizell’s brother-in-law.  All it really tells us is that James Bynum was a close neighbor – which we already knew.

June 1694           Surry tithables:  middle precinct of Southwarke Parish, by Francis Clements:
James Byneham – 1
Jno: Byneham – 1

June 1695           Surry tithables:  middle precinct of Southwarke Parish by Wm. Browne Jr.:
John Binam  – 1
James Binam – 1

16 Oct 1695       John (x) Bineham witness to will of Eliza. Simmons.  [Surry County Deed Book 5, p119]  He and Mac: Mansell prove it in court on 2 March 1695/6.  [Surry Orders 1691-1713, p179]

June 1696           Surry tithables:  middle precinct of Southwarke Parish by Wm. Browne Jr.:
James Bynham – 1

Southwarke Parish by Jno. Thompson:
Jno. Bynham, Edward Barrow  – 1  [Name not clear, but Barrow in other years]

Edward Barrow is the eldest son of Thomas Barrow, whose widowed mother married George Blow back in 1685.  Edward Barrow is turning 21 this year.

June 1697           Surry tithables:  middle precinct of Southwarke Parish by Wm. Browne Jr.:
James Bynham – 1

lower precinct of Southwarke Parish by James Mason:
Jno. Bynham

29 Apr 1698       Deed: Edward Newby and wife Jane Newby to James Bineham, consideration not noted, 7 acres, part of 450a. that Edward Newby bought of Joshua Proctor… between [Johnchecohunk] swamp and the main Blackwater swamp. Witness:  Tho: Smith, Henry (x) Bayly.  Proved 5 July 1698.  [Surry County Deed Book 5, p156]

This Proctor patent adjoined the 350a. bought by Luke Mizell in 1691, part of which is now owned by James Bynum.  The land of Newby apparently adjoins the 150a. James Bynum already owns.  Newby sold another piece of this tract to William Wray a few months later, with James Bynum a witness.

June 1698           Surry tithables:  Southwarke Parish by Jno. Thompson (apparently two precincts)
Jno. Bineham, Edward Barrow  – 2
James Bineham – 1

7 Mar 1698/9      Order that James Byneham and nine others be summoned to serve on grand jury. [Surry Orders 1691-1713, p216]

June 1699           Surry tithables:  middle precinct of Southwarke Parish:
James Bineham – 1

lower precinct of Southwarke Parish:
John Byneham - 1

1699                   James Bynum apparently claimed 250a. south of the Blackwater, and in 1702 had it entered by Robert Bolling, surveyor.  [English Duplicates of Lost Virginia Records, Louis des Cognets Jr., (Genealogical Publishing Col, 1981), p64.]

The area south of the Blackwater was not opened for patents until 1701, being Indian land prior to that date.  By 1700 essentially all the land north of the Blackwater had been settled and pressure was intense to permit white settlement to the south.  This coincided with the introduction of fee-simple patents.  If there was a resulting patent to James Bynum, it is not entered into the Virginia patent books.  The land he had bought from Luke Bynum in 1691 was on the north bank of the Blackwater, so this claim may have been near the land he already owned. 

4 Jul 1699           James Bineham sworn to grand jury.  [Surry Orders 1691-1713, p225]

7 Nov 1699        On a list of debits (payments) by the County for 1698 (sic)…  James Bineham one wolves head taken in a pitt. 300 lbs tobacco.  [Surry Orders 1691-1713]

The county paid a bounty for wolves.  The proof was the head, from which a county official would remove the ears as a sort of receipt.  Apparently wolves taken in a pit were worth more than wolves killed in other ways.  This same list shows payments of only 200 lbs for wolves that were shot, and 100 lbs for wolves “bought of Indians.”
  

June 1700           Surry tithables:  middle precinct of Southwarke Parish, by Nathaniel Harrison:
James Bineham – 1

lower precinct of Southwarke Parish, by James Mason:
Jno. Byneham, Andrew Smith - 2

5 Nov 1700        John Bineham on a case jury. [Surry Orders 1691-1713, p264, p265]  He would serve again, but future juries are not noted below.

11 Jan 1700/1     On a list of county debits for 1699:  “John Bineham, 4 daies and nights 400 lbs tobacco.” [Surry Orders 1691-1713, p268]

It’s not clear what this was for.  The per diem rate was four times that of the other names on this list, so it must have been for something that paid more.

June 1701           Surry tithables:  middle and lower precincts of Southwarke Parish
John Bineham, Stephen Vaughan  – 2
James Bineham – 1

June 1702           Surry tithables:  middle and lower precincts of Southwarke Parish
John Binham – 1
Jas. Bineham – 1

June 1703           Surry tithables:  lower precinct of Southwarke Parish
John Bineham, John Case  – 2
James Bineham – 1
  

 caJuly 1703        Account Current of the estate of George Williams, deceased, by administrators Nathaniel Harrison and Samuel Thompson…  credits include Jno: Bineham 397 lbs tobacco.  [Surry County Deed Book 5, p330]

2 Oct 1703         Deed: Luke Mezell of North Carolina to James Byneham of Surry County, 1000 lbs tobacco, 100 acres in Southwarke parish… (description follows, which matches the land sold to Lawrence Mizell in 1691)… being part of a tract of land sold by Robert Warren to Luke Mesell.  Signed Luke Measell.  Witness: James Minge Jr., Fra: Clements.  Proved by a power of attorney from Luke Mizell to Francis Clements on 2 November 1703.  [Surry Deed Book 5, p293]

This is Luke Mizell III, the son of Lawrence Mizell, selling the land bought by Lawrence from Luke in 1691.  This adjoins the 157 acres James Bynum already owned. 
  

21 Sep 1703       James (x) Binum witnesses a deed in Southwarke parish from Richard and Elizabeth Washington to John Steward.  [Surry Deed Book 5, p294]    He signs with a stylized Latin JB.

1704                   Quite Rent roll, Surry County:
Jno. Bineham          100 acres

                           James Bineham       157 acres

This does not appear to be accurate.  I would note that the 1704 quite rents (the only ones that survive) are not complete – the total acreage for Surry County is far less that the acreage actually owned.  The list is for the quite rents that were paid, not those that were owed.

2 Jul 1706           Deed:  James Bineham of Southwarke parish, and Eliza Bineham his wife, to Thomas Jarrell of Lawnes Creek parish, consideration not noted, 157a. on the north side of main Blackwater Swamp… formerly held by Robert Warren and sold to Luke Meazell… 150a. sold to sd Bineham…  and 7a. bought of Edward Newby…  Signed James (x) Bineham. Witness: James Stanson?, Nicho: Smith.  [Surry County Deed Book 5, p356]   James Bineham and Elizabeth his wife acknowledged the sale to Thomas Jarrell (Farrell?) six months later on 7 January 1706/7. [Surry Orders 1691-1713, p289.]

This is the 150a. bought from Luke Mizell II in 1691.  James Bynum evidently still owns the adjoining 100a. purchased from Luke Mizell III in 1703.  There is no sign that he acquired any other land until 1714, so is evidently living on the 100a. bought in 1703.  He signs with the same stylized JB mark.

The grantor was misread by an early Bynum researcher as “John” Bynum, leading to the erroneous assumption that John Bynum was married to an Elizabeth before his marriage to Ann.

8 Nov 1706        On a list of debits for the county for 1706:  “To John Bineham p: mending courthouse…120(lbs tobacco)”  [Surry Orders 1691-1713, p286]

6 May 1707        Ordered that the Sheriff summon John Bineham to appear at the next court to give evidence against Wm. Johnson Sr. and Mary the wife of John Battle upon the presentment of the grand jury for common fame.  [Surry Orders 1691-1713, p297]

”Common fame” was a term used at the time to mean gossip approaching slander.  Whether John Bynum gave evidence or not is unknown  The charge was dropped at the next court.

4 Nov 1707        On a list of debits for the county for 1707:  “To John Bineham … 40(lbs tobacco)”  [Surry Orders 1691-1713, p304]

Probably another repair job on a public building.

21 Feb 1710/1    John Bineham and James Nicholson securities for Patrick Magarett’s (sic) administration of the estate of John Smith, deceased.  [Surry Orders 1691-1713, p355]  See also 18 June 1712 below.

21 Nov 1711      Petition:  James Binam and Thomas Bentley were securities for an orphan’s estate in the hands of James Turner, “who hath lately privately departed this county.”  They are in danger of paying the orphan’s estate, and request that the estate of James Turner located within the county be seized.  So ordered.  [Surry Orders 1691-1713, p381.]  An inventory and appraisal of James Turner’s estate was presented at the following court on 9 December.

The orphan was apparently Philip Bailey, who had chosen James Turner as his guardian in1708.

16 Jan 1711/2     Ann Evans, widow, deed of gift to my children…  sons William, Benjamin, John, and Anthony… daughters Mary, Martha, and Elizabeth.  Signed: Ann (x) Evans.  Witness:  John (x) Evans, Allen Warren Jr.  [Surry County Deed Book 5, p93.]

18 Jun 1712        James Nicholson & John Binam not appearing to prosecute their suit against Patrick Margarett, suit dismissed.  [Surry Orders 1691-1713, p398]

19 Nov 1712      John Bynham a witness for the plaintiff in the suit of William Goodman vs. William Deloach over the shooting of a horse.  He gives oath to two days attendance, to be paid by Goodman. James Bynam was a member of the jury.  [Surry Orders 1691-1713, p406]  29 January 1712/3 Goodman ordered to pay John Bynam as witness. 

17 Dec 1712       On a list of debits to the county for 1711:  “To John Binam for mending ye prison… 150(lbs tobacco)”  [Surry Orders 1691-1713, p411]

12 Feb 1712/13  Will of George Nicholson, proved 21 Nov 1716.  A cow to daughter Agnes Farmer and its first calf to grandson Isaac Farmer… Heirs to confirm a sale of land to James Binham between the Nottoway and Meherrin rivers..  [Surry County Deed Book 6, p34]

There doesn’t seem to be a deed to the land referenced, either before or after this date. 

Agnes Farmer was the wife of Thomas Farmer and apparently the future wife of James Bynum Jr.

18 Feb 1712/3    John Binam is granted a license to keep an ordinary at Wareneck.  [Surry Orders 1691-1713, p416]

Wareneck was in the general vicinity of the land on Pigeon Creek that John Bynum has been living on all this time.  Whether he was operating the tavern out of his own house or renting from someone else is not known.

                           Same date:  James Binam vs. Edward Long, debt suit for 600 lbs tobacco due by bill dated 17 Dec 1711/2.  Defendant confessed and ordered to pay Binam 600 lbs tobacco with costs. [Surry Orders 1691-1713, p417.]

20 Apr 1713       William Bynum, Thomas Collier Jr. witnesses to deed from Robert and Ann Webb to Gregory Rawlings.  [Surry County Deed Book 6, p148] 

This and the reference below to the resale of this land are apparently to William Bynum, son of James Bynum.  The land being sold may have included part of the original 1681 patent to John Bynum Sr., inherited by Robert Webb from his father.

21 Apr 1713       Lease:  Thomas Farmer and wife Agniss Farmer, of Southwark Parish, to Clement Lanier, 1s annually for three years, 50a. adjoining William Short.  [Surry County Deed Book 5, p143] 

This seems to be in the Upper Chippokes region of Surry, suggesting that the Farmers may have been living in Prince George County.

15 Jul 1713         Suit:  Jno. Binam vs. Hopkin Howell and Elizabeth his wife, administrators of the estate of Thomas Hart, deceased, for 350 lbs tobacco.  Defendants did not appear, and Binam granted an attachment against the estate. [Surry Orders 1713-1718, p11]  The Court awarded John Binam the judgment for 350 lbs tobacco on 13 November [Ibid., p17]

10 Apr 1714       William Bynum, Nicholas Magett, and Thomas Cocke witnesses to deed from Gregory Rawlins and wife Hannah to Charles Hamlin.  [Surry County Deed Book 6, p195-6]

14 Jul 1714         John Bynum, Thomas Harris, William Thomas Jr. witnesses to deed from Nicholas and Ann Salsbury of Prince George County to Daniel Crawly of Surry.  [Surry County Deed Book 6, p200]

8 Oct 1714         William Binum, Nicholas Magett witnesses to deed from Allen Warren to Allen Warren “the younger”.  [Surry County Deed Book 6, p216]

19 May 1714      John Binam granted license to keep an ordinary at Ware Neck for one year.  Thomas Warren and Nicholas Smith securities for his performance.  [Surry Orders 1713-1718, p28]

16 Jun 1714        Land Patent:  James Binam of Surry County, 140 acres on south side of main Blackwater Swamp in Surry County… along a branch of Coppahunk Sw….along Cattail branch…mouth of Coppahunk Swamp…along his old lines.  [Virginia Patent Book 10, p150]

16 Jun 1714        Land Patent:  James Binam of Surry County, 10s plus importation of 5 persons, 330 acres on the south side of main Blackwater Swamp in Surry County… beginning at the mouth of  the Cattail branch… along Cattail branch… down a branch to its mouth at the main swampside… up the main swamp to the mouth of the Woolf-Pitt branch then up the sd branch… along his old lines.  [Virginia Patent Book 10, p155]

These two parcels adjoin north and south.  The references to “his old lines” are to the common border of the two parcels, and suggest he had actually claimed this land several years earlier.  It is not completely clear where these parcels are located, but they are obviously just south of the Blackwater in present eastern Sussex County.

20 Jul 1715         “Ann Binum relict of John Binum deced came into court & made oath that the sd Jno. Binum departed this life without making any will so far as she knows or believes and on her motion…” is granted administration of the estate.  William Phillips and James Nickolls her securities.  William Foster, Robert Warren, Zachariah Madderah, and Allen Warren appointed to take inventory of the estate.  [Surry Orders 1713-1718, p61]

Same court:  Suit dismissed, Benjamin Chapman vs. Ann Binum, administratrix of the estate of John Binum, neither party appearing.

John Bynum’s widow Ann remarried to Robert Warren – one of the appraisers and a neighbor - within the year.  Robert Warren was about the same age as John Bynum - apparently born about 1666/7, as he acknowledged receipt of his share of the estate of his father Thomas Warren on 31 March 1688.  Robert Warren had apparently been married to a daughter of John Clements, whose will mentioned Jane Warren,  the daughter of Robert Warren, as a legatee.

21 Dec 1715       Ann Binum, admx. of the goods and chattels of John Binum deced, presents the inventory and appraisal.  [Surry Orders 1713-1718, p63]

The ownership of an intestate’s land was never in doubt, passing automatically via the line of succession.  The administrix dealt only with the personal property of the deceased,  and the “estate” refers only to the personal property.  The land passed to the eldest son, with the widow retaining a lifetime right to one-third of its earnings.  The personal property was divided among the children.

21 Dec 1715       Same court:  Suit continued, Samuel Thompson vs. Ann Binam, administrix of John Binum, for 4,925 lbs of tobacco due by account.  Suit continued, Benjamin Chapman vs. Ann Binum, administratrix of John Binum, for £5:14s:9p due by account. [Ibid., p64]   Nathaniel Harrison vs. Ann Binam, administrix of John Binum, dismissed neither party appearing. [Ibid., p65]

These debts were substantial, and would eventually deplete the estate to next to nothing.  What they were for is a mystery.  He had not purchased land in decades.

22 Dec 1715       On a list of debits to the county:  “To Ann Bynum for 8 dayes dyeting a negro… 40(lbs tobacco)” [Surry Orders 1713-1718, p67]

This is apparently an expense associated with the ordinary. Read “feeding” for “dyeting”.

21 Mar 1715/6    Suits of Benjamin Chapman and Samuel Thompson:  [Ann Binum had not appeared on 15 February] Suits continued on motions of Ann Binum, to permit her to mount a defence.  [Surry Orders 1713-1718, p77  also see p71]

18 Apr 1716       Suit of Benjamin Chapman vs. Ann Binum, administratrix of John Binum, for £5:14s:9p due by account dated 1714:  Judgment for plaintiff in the amount of £5:14s:11p, including costs.  Samuel Thompson’s suit continued to next court.  [Surry Orders 1713-1718, p81]

16 May 1716      Samuel Thompson vs. Ann Binam, administrix of John Binum, for 4,925 lbs of tobacco due by account:  Judgment for the plaintiff for £17:7s:3½p “it being what is remaining due on the balance of the acct. currt. of the sd deceds estate, and also for £7:5s:2½p when the assets shall come to her hands.”  [Surry Orders 1713-1718, p83]

28 Jan 1716/7     Supplemental inventory of John Binum decd by Robert Warren:  “A parcel of hoggs belonging to the estate of John Binam decd valued to 0:12:0 by us.”  [Surry County Deed Book 7, p*]   Presented to the court on 20 February by Robert Warren  [Surry Orders 1713-1718, p107] 

Ann Bynum has remarried to Robert Warren sometime between May 1716 and January 1717.  Robert Warren was the brother of the Alice Warren who had married Mathias Marriot (see MIZELL pages) He had apparently married a daughter of John Clements, for his daughter Jane Warren was a legatee of Clements’ 1704 will.

20 Mar 1716/7    Debts owed by the estate of John Smith, decd:  John Bynom…  [Surry County Deed Book 7, p32]

18 Dec 1717       William Bynum on a jury at a court held for Southwarke parish.  [Surry Orders 1713-1718, p153]

This is probably William, son of John Bynum.  Only a freeholder (a landowner) could serve on juries.  This William Bynum has apparently inherited his father’s land.  His first cousin does not yet own land.

This is the last Bynum entry in this Order Book.  The Order Books for the period August 1718 through November 1741 are lost.  The Deed Books do exist for the period after 1718.

5 Apr 1719         William Bynum, Zackarias Madderra, and John Deberry witness a deed from Samuel and Mary Thompson to James Nichols.  [Surry County Deed Book 7, p176]

This is probably William Bynum son of John Bynum, judging from the location of the land.  The land is on Gray’s Creek near the church and courthouse, a 1689 patent to Samuel Thompson, and close to the land John Bynum Jr. had owned at his death.

20 May 1719      An undated accounting of estate of John Bynum deceased recorded by Robert and Ann Warren.  [Surry Deed Book 7, p187]

[The debits column is 3 cents short, adding to 41:2:8 – I may have misread a number.]  It’s interesting to see that tobacco was worth a bit under 2¢ per pound.  The debt to Samuel Thompson was not fully paid, but Ann Bynum obviously did make a second payment on the debt.

11 Jul 1719         Land Patent: James Binam of Surry County, 100a. in  Isle of Wight County on the north side of Flat Swamp… hickory by the sd swamp side just above the mouth of a small branch…. to a maple by the Flat Swamp… down the Flat Swamp [Virginia Patent Book 10, p424]  

This patent is for land considerably south of present-day Surry.  It is only about 5 miles north of the North Carolina border, in present Southampton County, a considerable distance south of his earlier land.   William Bynum would sell this land in 1724.

19 Dec 1720       Will of Robert Grice, proved on 15 Feb 1720/1:  Mentions sons John and Francis Grice (named executor), daughters Ann and Farthery (no surname), granddaughter Mary Horn, and devises “unto my well beloved couzen John Bynum a piece of land belonging down at the burcheon island bridge…”  the description of which appears to match part of the land Grice had purchased from William Browne in 1710.  Witnesses:  Harmon (x)  Horn, William Bynum, John Bynum.

Recall that Robert Grice had married Elizabeth, the widow of Richard Blow, in 1689.  It is likely that all the children named in this will were hers.  Since John Bynum II was dead when this will was written, the John Bynum mentioned was either the son of John Bynum II or of James Bynum.  ”Couzen” could have meant virtually any relationship that wasn’t first-degree.  If it meant “nephew”, then either one of the Bynum brothers was married to Robert Grice’s sister, or Robert Grice was married to a Bynum sister.  Since there are no Grices at all in Surry prior to 1689, and only Robert Grice after that, it would more likely be the latter – which means that Elizabeth, the wife of Richard Blow and later of Robert Grice, was a daughter of John Bynum I. (If the relationship was nephew.)  

The John Bynum named in the will is probably the son of James Bynum, who lived just east of the bridge.  The land devised appears to be part of 510 acres purchased from William Browne in 1710 [DB 6, p36], described then as the land Grice lived on.  This was adjacent to the land James Bynum bought in 1703 from Luke Bynum III.  The son John Grice (as “son of Robert Grice… formerly of Surry County”) was in North Carolina in 1726 when he sold his 250a. part of this land to Francis Sharp.  The son Francis Grice sold his 100a. share of this land to William Cripps in 1723, who later sold to Sharp as well.  It appears that John Bynum was given approximately 150a of the parcel.  In 1734, John Bynum then sold this 150a. plus the 100a. that James Bynum has bought of Luke Mizell III in 1703.

The witnesses to the will could not legally have been legatees (else their residual interests in the will were invalidated).  In this case, the same John Bynum could have been a witness.  It’s not completely clear which William and John Bynum the witnesses were. 

16 Jul 1722         Deed:  Lawrence Smith and wife Jean to William Bynum, all of Surry, £13 plus ___ nails,  60a. on the north side of snake branch at the mouth and at the south side of Seacock swamp… up the branch. .. down Seacock swamp… (no adjoining landowners)  Witness:  William Gray Jr., George Briggs.  [Surry County Deed Book 7, p409]

This is William Bynum son of John Bynum.  This land is near the border of what was later Southampton and Sussex Counties.  This adjoins the land William Bynum later patented in 1727 adjacent to Richard Blow.  It was part of a 139a. patent originally issued to Richard Ham.

16 Jan 1722        Accounting of Robert Grice recorded, Francis Grice executor.  [Surry County Deed Book 7, p434]

3 Jan 1722/3       Deed [Lease and Release]: Francis Riggan & wife Jane to Lawrence Smith,  85 acres on the north side of Maharin River in Isle of Wight… a patent to Riggan of 23 March 1713. Witness: Wm Ham, Wm. Bynum. [Isle of Wight Great Book 1714-1726, Vol. 2, Part 2, pp. 533 and p536]

16 Sep 1723       Deed:  William Bynam and wife Mary Bynam of the upper parish of Isle of Wight, to Edward Grantham of Lawnes Creek Parish in Surry County, £20 current money, 460 acres in Surry County… beginning at the main Blackwater swamp mouth at a branch called the puccason  branch and so along a line of marked trees… to the cattail branch… to the main run of the Coppahunk and along the run… (description matches the two patents to James Bynum in 1714.)   Signed: William Bynam, Mary (x) Bynam.  Witness: Wm. Bolden, William Andrews, John (x) Phillips. [Surry County Deed Book 7, p477]

This is William Bynum, son of James Bynum, selling the land patented by James Bynum in 1714.  This is the first indication that James Bynum is dead.  He either died intestate and William inherited the land as the eldest son, or there is a missing will by James Bynum.  It seems likely that there is a missing will, for John Bynum appears to have inherited the land purchased from Luke Mizell in 1703.  William Bynum’s wife is Mary Fort (see below). John Phillips, one of the witnesses, married Mary Fort’s sister.  William Bynum may be living on the 100a patented by James Bynum in 1719.

2 Nov 1723        Date of inventory and appraisal of Thomas Farmer decd by Agnes Farmer, administratrix, recorded on 18 Dec 1723.   “In obedience the order of the court bearing the date 21 August 1723…” appraised by Samuel Maget, Joel (x) Barker, John Andrews to a total of £44:3:7.  [Surry County Deed Book 7, p496]

Thomas Farmer apparently died in mid-1723 if his inventory was ordered in August.  The last record of him alive (that I found) was his ordinary license in 1721.  He is thought to have been the same Thomas Farmer baptized in York County, in Charles Parish,  in 1681.  He must have married Agnes Nicholson in the early 1700s.

21 Apr 1724       Deed [Lease and Release]: William Binam of the precink of Bartye in the province of North Carilinah to Joseph Franko of Isle of Wight County, £16, 100a. on Flat Swamp being granted by patent to James Binam deceased bearing date 11 April 1719…  Signed: William (x) Binam.  Witness: Francis Cox, William  Poop?, John Poop?.  William “Bynham” acknowledged in court on 25 May. [Isle of Wight Great Book 1714-1726, Vol. 2, Part 2, p655 and p656] 

Another, but more definite, statement that James Bynum is dead.  Whatever records there may have been of his death were lost with the missing court records of Surry County.  This is also our first record that William Bynum (son of James Bynum) is now in North Carolina, although he will buy land there in August of this year.

10 Jul 1725         Supplemental inventory of Elias Fort Junr., decd, returned by Elizabeth Bynum, administratrix.  Two “spade” mares, one breeding mare, and a colt valued at £7:0:0.  Appraised by William Rose, John Sowerby, and Nicholas Proctor.  [Surry County Deed Book 7, p593]

Clearly, Elizabeth Fort had by now married William Bynum, son of John Bynum II.  Elias Fort Jr. and his wife were likely quite young at this time and had as yet had only one child, John Fort.  She was the daughter of John Sugars according to his will in Isle of Wight County, which calls her Elizabeth Bynum (see below).  Her son John Fort made a deed of gift of eleven slaves to his mother Elizabeth Bynum in 1761.  William Bynum apparently died intestate, but luckily for us, Elizabeth outlived him and left a will in Southampton County dated 1771 which named their living children as William, Benjamin, Michael, Celia Bryant, and Abigail Williamson.  One other child, Drury, had predeceased his mother.

1 Feb 1725/6      Land Patent:  William Binnum, 595a. on the south side of the Morattock River and Cypress Swamp in Bertie Precinct [North Carolina Land Patents 1663-1729, Margaret M. Hofmann, #2382]

This is William, son of James Bynum. He has already bought land here in 1724.  All subsequent references  in Virginia must be to his first cousin William Bynum, son of John Bynum. This grant will later be sold in 1765 by his son William Bynum Jr.

4 June 1726        James (x) Bynam witness to deed from Edward Grantham & wife Catherine to Joshua Proctor for 230a in Lawnes Creek Parish on the north side of Coppohonk Swamp at the mouth of School House Branch…  [Surry Deed Book 7, p728]

This is apparently a part of the James Bynum (Sr.) patents of 1719, which William Bynum had sold to Grantham.

21 Dec 1726       Will Recorded:  Will of Thomas Hunt of Lawnes Creek parish proved by the oaths of Samuel Maggett and James Binum.  The will is dated 3 April 1724 and witnessed by Samuel Maggett, James (x) Bynum, and Mary (x) Bynn.  The will mentions sons Thomas and John, and daughter Elizabeth.  It gives the plantation to an unnamed wife and at her death to granddaughter Mary Horn, with reversion to granddaughter Mary Hunt if Mary Horn should die without heirs. [Surry County Deed Book 7, p691]

27 Sep 1727       Will Probated:  John Sugars, dated 1 December 1726.  Legatees were wife Elizabeth [executrix], daughters Elizabeth Bynum, Abigail Jones [wife of Edward Jones], Priscilla; grandson Sugar Jones.  Witness: Francis Arrington, George Bruton, Mary Walker [Isle of Wight County Will Book 3, p45]

Elizabeth Bynum is the wife of William Bynum, son of John Bynum.  She had married Elias Fort III probably around 1720-22.  She was the administrator of Elias Fort in 1724 but had married William Bynum by July 1725 (see above).  William Bynum will die in Southampton County (formed from Isle of Wight) in 1762.  His widow Elizabeth will leave a will dated 1771 naming their children as William, Benjamin, Michael, Celia (Bryant), and Abigail (Whitehead) Williamson.  A son named Drury Bynum predeceased her.  An apparent daughter was Ann, who bore a bastard child by Cordall Norfleet who was named as a grandchild in that will.

13 Oct 1727       Land Patent:  William Binum of Surry County, 220a. on south side of the main Blackwater Swamp in Surry County… beginning at a white oak on the northwest side of Snake Branch, a corner tree 'twixt Richard Blow and Lawrence Smith thence by Smiths lines… a pine by the side of Snake Branch and down sd branch to Richard Blow…  [Virginia Patent Book 13, p254]

This is William Bynum, son of John Bynum.  This adjoins the land he purchased in 1722.

18 Oct 1727       Inventory and appraisal of John Evans, decd, by Mary Evans executrix.  [Surry County Deed Book 7, p758]

8 Nov 1727        Will of Thomas Horton witnessed by John (x) Phillips, James (x) Binum, Agness (x) Bynum. Proved 21 August 1728.  [Surry County Deed Book 7, p?]

James Bynum had probably been married to Agnes Farmer for a few years by this time.  When her husband died in 1723 she was left with several small children and, I presume, would have been motivated to remarry as soon as possible.  The absence of deed records for James Bynum in Surry County may be explainable if he was living on Thomas Farmer’s land.

15 Nov 1727      Grand Jury Indictment:  Mary Owen for having a bastard child living at Agnis Farmers… Agnis Farmer for having [harboring?] a bastard child…  [Surry County Deed Book 7, p?]

This forces us to consider that there were two Agnes Farmers – a mother and daughter.  One is recorded “Bynum” and the other as “Farmer” one week apart.  The mother was married to Thomas Farmer by 1713 when she released dower in a deed and is apparently the mother of several children born in the 1705-15 period.  On the other hand, James and Agnes were not married in the Anglican church and therefore the marriage was not recognized by the court.  The later records certainly suggest that James Bynum married the widow, but we can’t be absolutely certain.

14 Aug 1728       Deed:  Richard Blow and wife Elizabeth Blow to John Mangum, 100a. north side the main Blackwater Swamp and south side of Pidgin Swamp… “beginning at the head of a bottom in Goodmans Old Field… along a line of marked trees till itt joyns to John Williames line thence along Williames line till it joyns to William Bynums so along Bynums line to the said Pidgions Swamp thence down the said swamp…” Signed:    Richard Blow, Eliza (x) Blow.  Witness:  Saml. Taylor, Delony [Surry Deed Book 7, p862]

Richard Blow (son of George Blow Jr.) is selling land that was patented by Richard Blow (brother of George Blow Jr.) and inherited by George Blow Jr. when Richard Blow died without heirs.  John Bynum II had bought adjoining land forty years earlier from George Blow Jr.  William Bynum has apparently inherited the old land of John Bynum II.  We can reasonably conclude from this that he was the elder son. 

20 Nov 1728      Grand Jury Presentment:  James Binum and Agnes Farmer for evil cohabitation together… [Surry County Deed Book 7, page number unreadable]

Since they are earlier represented as a married couple, this certainly means that James and Agnes had not been married in the Anglican Church.  They were more than likely part of the relatively large Quaker contingent of Surry County.  There was a regular Quaker meeting in Surry County, but its records do not survive before 1752.  The court records are filled with references to Quakers, but there are no other specific references to Bynums as Quakers. 

17 Mar 1728/9    Deed:  William Bynum & Mary Evans to John Smith, 184a. on the south side of Seacock swamp…  79a. part of a patent to Richard Ham dated 25 April 1701 beginning at the mouth of Davis’s branch on Seacock swamp… bounded by Davis branch and Seacock swamp.  The other 105a. part of a patent to William Bynum dated 13 October 1727… beginning at a pine tree standing in the line that divides the said land from the aforesaid Bynum’s land….along a line of marked trees dividing the two parcels… along the aforesaid John Smith’s line…  Signed:  Wm. Bynam, Mary (x) Evans.  Witness: William Edwards, Samuel Taylor.  [Surry County Deed Book 7, p918]

William Bynum signed his name. Mary Evans used a “W” mark - or perhaps an upside-down “M”.  The Mary Evans who filed the inventory of John Evans (see 18 Oct 1727) used a sideways “E” mark for her signature.  The marks are similar but the clerk entered them quite differently – whether they are the same person or two different ones is hard to say with certainty.  The widow of John Evans was a generation older than William Bynum.  This is a curious deed.  Richard Ham had patented a total of 139a. and William Bynum had purchased 60a. of this patent in 1722.   This appears to be a sale of the western parts of Bynum’s patent and the remaining 79a. of Ham’s patent. 

24 Mar 1728/9    Accounting of the estate of Thomas Farmer decd presented by James Binum and Agniss Binum.  Recorded 18 June 1729. [Surry County Deed Book 7, p955]

Assuming that Agnes is a daughter and not the widow, the widow must have died.

18 Jun 1729        Final Accounting of the estate of Thomas Farmer by James Bynum and Agnes Bynum.  £1 pd to Wm. Bynum, 0:5:0 to James Bynum, remainder of £58:12s:1p divided into five equal parts and paid to Isaac Farmer, James Farmer, William Farmer, Thomas Farmer, and Elizabeth Porter.  [Provided by a correspondent]

This would seem to counter the argument above that Agnes Bynum was the daughter rather than the widow of Thomas Farmer.  However, James Bynum apparently had at least four children by Agnes and it strains credibility to think that she could have had children over too long a time span. 

Isaac Farmer, who was named in his grandfather’s will, may have been the eldest son. I could find no records suggesting that any of the Farmer children were born much before 1710 or so.  All four Farmer sons, and Elizabeth Porter’s husband Nicholas Porter, apparently accompanied James Bynum to Edgecombe County.

18 May 1730      William Bynum and wife Elizabeth Bynum of Lawnes Creek Parish to Robert Thorp… appears to be 100a. on Pidgeon Swamp.  [Surry County Deed  Book 8, p16]

This deed is next to unreadable, but it appears to be the sale of the 100a. that John Bynum Jr. had purchased from Richard Blow over forty years earlier.  At any rat, Thorp later owned that land.  This seems to confirm that William Bynum was the eldest son of John Bynum Jr.

20 Sep 1732       Will of Elias Fort, proved 10 March 1739/40.  Devises land to son John Fort, and grandson John Fort, son Holiday Fort, daughters Phyllis Pennington, Mary Foster, Faith King.  Wife Sarah Fort.  Witness: John Chapman, Jno. (x) Bynum, Joseph Andrews.  [Surry County Deed Book 9, p135.]

This is the father of the Elias Fort Jr. who died in 1724 and whose widow, Elizabeth Sugars Fort, married William Bynum. William’s brother John Bynum is evidently the witness.  The grandson John Fort mentioned in the will  is the son of Elizabeth Sugars by her first husband.

8 Mar 1732/3      Deed:  Thomas Turner to James Bynum, both of Edgecombe Precinct, £10 of Virginia, 270a. on the south side of Morratock river in a branck of Kehukee Swamp…Witness: John Shelly, Henry Turner, Richard Sessioms.   [Halifax County (NC) Deed Book 1, p44]

James Bynum had joined William Bynum in Edgecombe by now, and will continue to appear in its records until his death.

15 Jul 1734         Deed: John Bynum to Robert Gray, 250a. adjacent the north side of the Blackwater Swamp, tract whereon John Bynum lately lived adjacent Blackwater Swamp, Frances Sharp, the little branch, the Great branch, and Jeremiah Ellis…  [Surry County Deed Book 8, p394.]

This deed appears to be a combination of the land given by Robert Grice in his will of 1720 plus the 100a. that James Bynum purchased from Luke Mizell III in 1703.  The land Robert Grice owned at his death was adjacent to that portion of James Bynum’s land.  This John Bynum is surely the son of James Bynum.  He must now be moving to North Carolina.

16 Jan 1734/5     John Bynum a witness to deed of Thomas Foster and John Clements to William Gray Jr. in northern Surry.  [Surry Deed Book 8, p515]